❖ Extracted from the book “Wālidayn aur Aulād ke Ḥuqūq” by Shaykh Jāwīd Iqbāl Sīālkōtī ❖
✿ A Father Must Seek His Daughter’s Consent Before Marriage ✿
Hadith 1: Marriage of a Previously Married Woman Without Consent Is Invalid
Arabic Text:
عن خنساء بنت خدام أن أباها زوجها وهي ثيب فكرهت ذلك، فأتت رسول الله صلى الله عليه وسلم فرد نكاحها.
Translation:
K͟hansā’ bint K͟hudhām رضي الله عنها reported that her father arranged her marriage while she was previously married (i.e. thayyib), but she disliked it. She approached the Messenger of Allah ﷺ, and he invalidated the marriage.
[Ṣaḥīḥ] al-Bukhārī – Kitāb al-Nikāḥ – Chapter: If a man marries off his daughter against her will, the marriage is rejected: 5138 Hadith 2: Even a Virgin Must Be Consulted
Arabic Text:
عن ابن عباس قال: إن جارية بكرا أتت النبي صلى الله عليه وسلم فذكرت أن أباها زوجها وهي كارهة، فخيرها النبي صلى الله عليه وسلم.
Translation:
ʿAbdullāh ibn ʿAbbās رضي الله عنهما narrated that a virgin girl came to the Prophet ﷺ and informed him that her father had married her off while she was unwilling. The Prophet ﷺ gave her the choice (to continue or annul the marriage).
[Ṣaḥīḥ] Abū Dāwūd – Kitāb al-Nikāḥ – Chapter: Regarding a virgin being married by her father without her consultation: 2096◈ Key Points:
① A father does not have the right to marry off his daughter—whether virgin or previously married—without her consent.
② The Prophet ﷺ upheld a woman’s right to accept or reject a marriage, ensuring her willingness.
③ Even if the walī (guardian) is her own father, consent remains a Sharʿī requirement.
④ If a girl is married without her approval, she has the right to have that marriage annulled.
